Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-09
COMMITTED TO JAIL.
ArToRSKY-a1NERAL AYERS AND HR
SCOTT rmpRIsoxxD.
They Are Fined. and Refusing to Pay Up,
Judge Bond Sends Them
to Jail

UiVhWtHiNU WIZ nav thcOtty w hto OAhNA
enjoining the execution Of "the cou-
pom crusher."
The first case called was that OF the
venerable MIR. John Scott, Common
wealth's attorney for Fauquier county.
He said al have fled my answer, and
| have nothing more TO say"
The next case, said Major Leigh r.
Page, of counsel for the bondholders,
is that OF the Attorney General. "But, y
interrupted Mr.. Scott. sam j not en-
titled to have my case disposed OF
first 2" "Neyer mind. Mr.. Scott, an
swered Judge Bond it will be acted
upon at the proper time"
THE ATTORNEY
Major Page then stated how the At
torney-General had disregarded the in
junction in the Wheeler 4 Wilson case
and in the Baltimore and Ohio railroad
case.
The Attorney General said that he
had not been served with rule, but he
did not require it but he would like
10 file his answer in writing. He was
ready for the case TO be heard.
Mr.. Ayers stated that in pursuance OF
the act OF Assembly he had brought these
suits that doubling if he could carry
them to the Supreme Court by reason
Of the amountinvolved, he had, through
no personal disrespect to the Court,
placed himself in this attitude in order
to get an opportunity to appeal to the
United States Supreme Court 10y way OF
O writ OF h0bodS corpus.
In colloquy which eusued Judge
Bond endesvored to impress upon Mr..
Ayers that that was strange and use
less proceeding but Mr.. Ayerss view
was that il on a writ of hd6eds corpus
the United States Supreme Court de-
cided that the court was without juris-
diction that decided the whole ques-
ton.
MIR. M'CABE.
The next case considered was that OF
Mr.. McCabe, Commonwealth attor-
ney of Ioudoun. He was not present.
MIR. Ayers SAID that Mr.. McCabe con-
sidered it understood among counsel
that his answer would be deemed sufli-
cient. Mr.. Royal and Mr.. Page pro-
tested that they knew nothing OF any
such understanding.
1t appeared that Mr.. McCabe's case
was this The notice of injunction had
been served upon his predecessors, not
upon him; yet he did not deny that
lie knew of the injunction being in
force, and Judge Bond insisted that no
matter whether a man is served with
Injunction or not if he knows that a
restraining order has been made 1t is
contempt OF court Tor him to violate
the order.
Mr.. Ayers took Issue with the Judge
on this point, and insisted that a man
was not bound to regard any rumors
that came to him in the county. He
must be served with notice according to
law.
MR.. GLEAvES.
In the next case the Hon. John s.
Wise appeared as counsel for respond
ent.
Here it appeared that one of the de-
PENDANTS in the suits brought by Gleaves
served notice upon him, or gave him
to understand that the injunction was
issued.
Mr.. Wise contended that there had
been no contempt Of court.
Judge Bond said that if Mr.. Gleaves
would make affidavit that he did not
know Of the injunction and would dis
miss the suits brought the Court would
discharge him.
Mr. Wise said that Mr.. Gleaves could
not do this.
Later on this case was continued nm
til October oath by consent of counsel.
ALL IN CONTEMPT.
Having siited the cases Of Messrs.
Ayers, Scott, and McCabe to his salts
faction, Judge Bond remarked: "All
the gentlemen are in contempt. What
do YOU propose?" said he, addressing
himself TO the bondholders' counsel.
Major Page answered that ali they
desired was such action as would cause
their clients rights to be respected.
Have you any order prepared? asked
Judge Bond.
No, your Honor, replied Major Page
Draw it up, then. rejoined the Judge
Major Page thereupon prepared al
order, saying in substance that the re-
spondent McCabe had been adiudged
guilty of contempt and requiring HIN
forthwith to purge himself by dismiss,
ing the suits.
JUDGE BOND ACTS.
This draft of an order Judge Bond
took and entertained and amended ex
t(nsively. After he had finished it he
handed it to Judge Hughes, who wal
sitting on the bench beside him, though
he was not acting in the case. Judge
Bond then announced his decisions
On Mr.. Ayers he imposed fine of S50t
and required him to stand committee
to the custody of the Marshal until h'
had dismissed the suit or suits brought
Against Mr.. McCabe, Common
wealth's attorney of Loudoun, a like
Judgment and fine of 800.
Against the venerable Mr.. Scott the
Judge made the following order, {
sketch of which he read from the bench
1.-THE respondent in this case seems
rom Ills duSNtI 10 tliC AuANJ W ON ~
hopelessly blinded by the ancient doc
trine OF State sovereignty that he doe
seem TO know that on an illustrious do,
IN her history Virginia gave her adhe
sion to the Constitution of the UniteC
States.
"To punish man under these cir
cumstances as the Court ought TO punisl
man OF the ideas prevalent since III
adoption of the Constitution would b.
manifestly unjust, and would be as un
Just as il wonld be to punish bhn'
man equally with one who can see.
"The Court therefore doth order an'
decree that for his contempt OF TIN
court Mr.. John Scott do pay fine o
$40 and dismiss the cases which he ha
brought in the Circuit Court Of Eau
uuier county, Va, in violation OF tn
restraining order heretofore made il
the cause OF Cooper and others rs
Marye and others, on the 9th day O
June, 1887, and further, that he ente
satisfaction Of the judgments heretofor
obtained by him against the defendant
in said causes and that he stands com
mitted 10 the custody Of the marshal o
this court until this order is obeye,
and the fine hereby imposed upol
him is paid and il is further ordere,